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Do you agree with the view that freedom of expression is not absolute? Justify with suitable examples.

YES, I agree with the view that freedom of expression is not absolute. It is limited by respecting others right, own duty, constitution…etc.

Justification

  1. Constitutional restrictions: Constitution limits freedom of expression for maintaining peace, law and order. E.g. Article 19 sub parts
  2. Contempt of court: Limits freedom of expression to safeguard judicial powers. E.g. Kunal Kamra case; Prasanth Kishore case..etc
  3. Defamation: Restriction on freedom of expression prevents defaming others. E.g. Arun Jaitely case, Priya Ramani Case, Kejriwal case…etc
  4. For Law and order : Freedom of expression have restriction for Maintaining law and order & to prevent spreading of misinformation. E.g Twitter bans in J & K after abrogation of A370, Restrictions in Delhi during farmers protest/ CAA…etc.
  5. Decency and morality: There is prohibition for advertise /distribution of obscene words in public places to maintain decency and morality. E.g. Section 292-294 of IPC.
  6. Security of state: Freedom of expression can be restricted in case of security issues to state. E.g. Sedition statements , Vote bank politics that spur protests…etc.
  7. Limitations on Media: Freedom of expression have limitations on media to prevent spread of fake news, incitement, information that can harm someone. E.g. Hiding identity of sexual assault victim…etc.

Rights and duty should go hand in hand. Nobel prize for peace to journalists shows the importance of fearless criticism. Some reasonable restrictions on freedom of expression is justified for the interest of larger population.

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